BIA Decision: Matter of D-G-E-A- & N-G-G-E-

The Board published its decision in Matter of D-G-E-A- & N-G-G-E-, 29 I&N Dec. 570 (BIA 2026) on April 21, 2026. In this asylum case, the Board held that: (1) disapproval of or opposition to criminal gangs is not sufficient to establish a political opinion under the Immigration and Nationality Act, and, (2) to establish a political opinion under the INA, an alien must have an actual or imputed belief or conviction regarding a discrete cause that is tied to a government of a country, including a de facto government.

In the end, the Board found determined that the "respondent has not established her political opinion claim under the INA because her opposition to the gangs in El Salvador is not tied to the Salvadoran government and the gangs she fears are not a de facto government in El Salvador."

Seems as if the framing of the asylum claim might have better calibrated around the government being unwilling or unable to control the gangs.